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Domestic News
July 6, 1812
Alexandria Daily Gazette, Commercial & Political
Alexandria, Virginia
What is this article about?
On June 12, the U.S. Senate debated and amended a bill authorizing President to order reprisals against British ships and issue letters of marque for privateers, amid War of 1812 preparations. Motions on information from State Department and amendments against France failed; bill proceeded with modifications.
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IN SENATE.
SECRET PROCEEDINGS.
Friday, June 12.
Mr. Lloyd submitted the following motion for consideration:
That the President of the United States be requested to cause to be laid before the Senate, confidentially, or otherwise, as he may deem expedient, all the information in the department of state, not heretofore communicated, having relation to the conduct of Great Britain and France towards the U. States."
Ordered. That it lie for consideration.
Mr. Anderson, from the committee to whom was re-committed the bill entitled "An Act declaring war between Great Britain and her dependencies, and the United States and their territories," with instructions to modify and amend the same in such a manner that the President shall have power to authorise the public armed ships and vessels of the United States to make reprisals upon the public and private ships and vessels, goods and merchandise belonging to the crown of the United Kingdom of Great Britain and Ireland and to the subjects thereof; and also to grant letters of marque and reprisal under suitable regulations to be provided in the bill, to private ships and vessels to make reprisals, agreeably to said instructions, reported as follows:
"After the word 'that' in the third line of the bill, strike out the residue of the bill, and insert the following amendment:
"The President of the United States shall be and he is hereby authorised, from and after the day of next ensuing, to cause reprisals to be made upon the public and private armed ships and vessels, goods and merchandise belonging to the crown of the United Kingdom of Great Britain and Ireland, or to the subjects thereof, which may be found on the high seas or elsewhere, after the said day of next, excepting such ships, vessels or property as now are, or may, before the said day of next, be within the ports and harbors, or under the control of the United States: and all ships, vessels or property within the jurisdiction of any power with whom the U. States are not engaged in war: and for the purposes aforesaid, to instruct the commanders of the public armed vessels which are or which shall be employed in the service of the U. States, to subdue, seize and take any armed or other British vessel, belonging to the United Kingdom of Great Britain and Ireland or to the subjects thereof, which shall be found within the jurisdictional limits of the United States, or elsewhere on the high seas as aforesaid.
And such captured vessel, with her apparel, guns and appurtenances, and the goods or effects which shall be found on board the same, being British property, shall be brought within some port of the United States, and shall be duly proceeded against and condemned as forfeited, and shall accrue and be distributed as by law is or shall be provided, respecting the captures which shall be made by the public armed vessels of the U. States.
Sec. 2. And be it further enacted, That the President of the United States shall be, and he is hereby authorised to grant to the owners of private armed ships and vessels of the United States, who shall make application therefor, commissions in the forms which he shall direct and under the seal of the United States, and such private armed vessels when duly commissioned as aforesaid, shall have the same licence and authority for the subduing, seizing and capturing any armed or other British vessel belonging to the crown of the United Kingdom of Great Britain and Ireland, or to the subjects thereof, and for the re-capturing of the vessels, goods and effects of the people of the United States as the public armed vessels of the United States by law have; and shall be in the like manner subject to such instructions as shall be ordered by the President of the United States in conformity with the established law of nations, and the treaties and laws of the United States, for the regulation of their conduct; and the commissions which shall be granted as aforesaid, shall be revocable at the pleasure of the President of the U. States.
"Sec. 3. And be it further enacted, That every person intending to set forth and employ an armed vessel, and applying for the commission aforesaid, shall produce in writing the name and a suitable description of the tonnage, and force of the vessel, and the name and place of residence of each owner concerned therein: the number of the crew, and the name of the commander, and the two officers next in rank appointed for such vessel; which writing shall be signed by the person or persons making such application, and filed with the secretary of state, or shall be delivered to any other officer or person who shall be employed to deliver out such commissions, to be by him transmitted to the secretary of state.
"Sec. 4. And be it further enacted, That before any commission as aforesaid shall be issued, the owner or owners of the ship or vessel for which the same shall be requested, and the commander thereof for the time being, shall give bond to the United States, with at least two responsible sureties, not interested in such vessel, in the penal sum of thousand dollars; or if such vessel be provided with more than one hundred and fifty men, then in the penal sum of thousand dollars, with condition that the owners and officers, and crews who shall be employed on board of such commissioned vessels shall and will observe the treaties and laws of the U. States, and the instructions which shall be given them as aforesaid for the regulation of their conduct; and will satisfy all damages and injuries which shall be done or committed contrary to the tenor thereof by such vessel during her commission, and to deliver up the same when revoked by the President of the U. States.
"Sec. 5. And be it further enacted, That all public and private ships and vessels, goods and merchandise, belonging to the crown of the United Kingdom of Great Britain and Ireland, or to the subjects thereof, together with their apparel, guns, appurtenances which shall be found on board the same, being British property, and which shall be captured by any private armed vessel or vessels of the United States duly commissioned as aforesaid, shall be forfeited and shall accrue to the owners thereof, and the officers and crews by whom such capture shall be made, and on due condemnation had, shall be distributed according to any arrangement which shall be between them, or in the failure of such agreement, then by the discretion of the court before whom such condemnation shall be.
"Sec. 6. And be it further enacted, That all vessels goods and effects, the property of any citizen of the United States, or person resident therein, which shall be re-captured as aforesaid, shall be restored to the lawful owners upon payment by them respectively of a just and reasonable salvage, to be determined by the mutual agreement of the parties concerned, or by the decree of any court of the U. States having maritime jurisdiction, according to the nature of each case: Provided, That such allowance shall not be less than one eighth, or exceeding one half of the full value of such re-capture, without any deduction; and such salvage shall be distributed to and among the owners, officers and crews of the private armed vessel or vessels entitled thereto, according to any agreement which shall be between them, or in case of no agreement then by the decree of the court who shall determine upon such salvage.
"Sec. 7. And be it further enacted, That before breaking the bulk of any vessels which shall be captured as aforesaid, or other disposal or conversion thereof, or of any articles which shall be found on board the same, such capture shall be brought into some port within the United States and shall be libelled and proceeded against before the district court of the same district: and if, after a due course of proceeding such capture shall be decreed to be forfeited in the district court or in the circuit court of the same district in the case of any appeal duly allowed, the same shall be delivered to the owners and captors concerned therein, or shall be publicly sold by the marshal of the same court as shall be finally decreed and ordered by the court. And the same court who shall have final jurisdiction of any libel or complaint of any capture as aforesaid, shall and may decree restitution in whole or in part, when the capture and restraint shall have been made without any just cause aforesaid; and if made without probable cause or otherwise unreasonably, may order and decree damages and costs to the party injured, and for which the owners, officers and crews of the private armed vessel or vessels by which such unjust capture shall have been made, and also such vessel or vessels shall be answerable and liable.
"Sec. 8. And be it further enacted, That all British subjects and others, which shall be found acting on board of any British vessel which shall be captured, or on board of any vessel of the United States, which shall be captured, as aforesaid, shall be reported to the collector of the port in which they shall first arrive, and shall be delivered to the custody of the marshal or some civil and military officer of the United States, or of any state in or near such port, who shall receive and take into custody the said subjects or persons for their safe keeping and support at the expense of the United States."
"Amend the title,
"After the word 'act,' strike out the rest of the title, and insert, authorising reprisals against the crown of the United Kingdom of Great Britain and Ireland, and the subjects thereof;" and the report was read.
Whereupon,
Mr. Gaillard was requested to take the chair, and the bill and amendments were considered as in committee of the whole; And
On motion by Mr. Pope,
To amend the report, by inserting after the word 'thereof,' in the tenth line of the first section, the words "and also upon the public and private ships and vessels, goods and merchandise, belonging to the crown of France or to the subjects thereof,"
It was determined in the negative—yeas 15, nays 17.
The yeas and nays having been required by one-fifth of the senators present, those who voted in the affirmative are,
Messrs. Bayard, Condit, Dana, German, Giles, Gilman, Goodrich, Horsey, Hunter, Lambert, Lloyd, Pope, Reed, Smith of Md. Worthington.
Those who voted in the negative are,
Messrs. Anderson, Bibb, Brent, Campbell of Ten. Crawford, Cutts, Franklin, Gaillard, Gregg, Howell, Leib, Robinson, Smith of N. York, Tait, Taylor, Turner, Varnum.
On the question to strike out, as reported by the committee, for the purpose of inserting the amendment;
The yeas were 16, and the nays 16.
On motion by Mr. Leib,
The yeas and nays having been required by one-fifth of the senators present, those who voted in the affirmative are,
Messrs. Bayard, Condit, Dana, German, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Reed, Smith of N. York, Worthington.
Those who voted in the negative are,
Messrs. Anderson, Bibb, Brent, Campbell of Ten. Crawford, Cutts, Franklin, Gaillard, Giles, Pope, Robinson, Smith of Maryland, Tait, Taylor, Turner, Varnum.
So, the senate being divided, the question was lost, and the original bill was resumed.
On motion,
To agree to the first report of the select committee, and strike out of the original bill line 9, the words, 'and of all persons inhabiting within its territories or possessions.'
It was determined in the affirmative, yeas 21, nays 11.
On motion,
The yeas and nays having been required by one-fifth of the senators present, those who voted in the affirmative are,
Messrs. Anderson, Bayard, Condit, Dana, German, Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Pope, Reed, Smith of Md. Smith of N. Y. Varnum, Worthington.
The se who voted in the negative are,
Messrs. Bibb, Brent, Campbell of Ten, Crawford, Cutts, Franklin, Gaillard, Robinson, Tait, Taylor, Turner.
On motion,
It was agreed to insert the word 'and,' in the 9th line, after the word Britain.
(To be continued.)
SECRET PROCEEDINGS.
Friday, June 12.
Mr. Lloyd submitted the following motion for consideration:
That the President of the United States be requested to cause to be laid before the Senate, confidentially, or otherwise, as he may deem expedient, all the information in the department of state, not heretofore communicated, having relation to the conduct of Great Britain and France towards the U. States."
Ordered. That it lie for consideration.
Mr. Anderson, from the committee to whom was re-committed the bill entitled "An Act declaring war between Great Britain and her dependencies, and the United States and their territories," with instructions to modify and amend the same in such a manner that the President shall have power to authorise the public armed ships and vessels of the United States to make reprisals upon the public and private ships and vessels, goods and merchandise belonging to the crown of the United Kingdom of Great Britain and Ireland and to the subjects thereof; and also to grant letters of marque and reprisal under suitable regulations to be provided in the bill, to private ships and vessels to make reprisals, agreeably to said instructions, reported as follows:
"After the word 'that' in the third line of the bill, strike out the residue of the bill, and insert the following amendment:
"The President of the United States shall be and he is hereby authorised, from and after the day of next ensuing, to cause reprisals to be made upon the public and private armed ships and vessels, goods and merchandise belonging to the crown of the United Kingdom of Great Britain and Ireland, or to the subjects thereof, which may be found on the high seas or elsewhere, after the said day of next, excepting such ships, vessels or property as now are, or may, before the said day of next, be within the ports and harbors, or under the control of the United States: and all ships, vessels or property within the jurisdiction of any power with whom the U. States are not engaged in war: and for the purposes aforesaid, to instruct the commanders of the public armed vessels which are or which shall be employed in the service of the U. States, to subdue, seize and take any armed or other British vessel, belonging to the United Kingdom of Great Britain and Ireland or to the subjects thereof, which shall be found within the jurisdictional limits of the United States, or elsewhere on the high seas as aforesaid.
And such captured vessel, with her apparel, guns and appurtenances, and the goods or effects which shall be found on board the same, being British property, shall be brought within some port of the United States, and shall be duly proceeded against and condemned as forfeited, and shall accrue and be distributed as by law is or shall be provided, respecting the captures which shall be made by the public armed vessels of the U. States.
Sec. 2. And be it further enacted, That the President of the United States shall be, and he is hereby authorised to grant to the owners of private armed ships and vessels of the United States, who shall make application therefor, commissions in the forms which he shall direct and under the seal of the United States, and such private armed vessels when duly commissioned as aforesaid, shall have the same licence and authority for the subduing, seizing and capturing any armed or other British vessel belonging to the crown of the United Kingdom of Great Britain and Ireland, or to the subjects thereof, and for the re-capturing of the vessels, goods and effects of the people of the United States as the public armed vessels of the United States by law have; and shall be in the like manner subject to such instructions as shall be ordered by the President of the United States in conformity with the established law of nations, and the treaties and laws of the United States, for the regulation of their conduct; and the commissions which shall be granted as aforesaid, shall be revocable at the pleasure of the President of the U. States.
"Sec. 3. And be it further enacted, That every person intending to set forth and employ an armed vessel, and applying for the commission aforesaid, shall produce in writing the name and a suitable description of the tonnage, and force of the vessel, and the name and place of residence of each owner concerned therein: the number of the crew, and the name of the commander, and the two officers next in rank appointed for such vessel; which writing shall be signed by the person or persons making such application, and filed with the secretary of state, or shall be delivered to any other officer or person who shall be employed to deliver out such commissions, to be by him transmitted to the secretary of state.
"Sec. 4. And be it further enacted, That before any commission as aforesaid shall be issued, the owner or owners of the ship or vessel for which the same shall be requested, and the commander thereof for the time being, shall give bond to the United States, with at least two responsible sureties, not interested in such vessel, in the penal sum of thousand dollars; or if such vessel be provided with more than one hundred and fifty men, then in the penal sum of thousand dollars, with condition that the owners and officers, and crews who shall be employed on board of such commissioned vessels shall and will observe the treaties and laws of the U. States, and the instructions which shall be given them as aforesaid for the regulation of their conduct; and will satisfy all damages and injuries which shall be done or committed contrary to the tenor thereof by such vessel during her commission, and to deliver up the same when revoked by the President of the U. States.
"Sec. 5. And be it further enacted, That all public and private ships and vessels, goods and merchandise, belonging to the crown of the United Kingdom of Great Britain and Ireland, or to the subjects thereof, together with their apparel, guns, appurtenances which shall be found on board the same, being British property, and which shall be captured by any private armed vessel or vessels of the United States duly commissioned as aforesaid, shall be forfeited and shall accrue to the owners thereof, and the officers and crews by whom such capture shall be made, and on due condemnation had, shall be distributed according to any arrangement which shall be between them, or in the failure of such agreement, then by the discretion of the court before whom such condemnation shall be.
"Sec. 6. And be it further enacted, That all vessels goods and effects, the property of any citizen of the United States, or person resident therein, which shall be re-captured as aforesaid, shall be restored to the lawful owners upon payment by them respectively of a just and reasonable salvage, to be determined by the mutual agreement of the parties concerned, or by the decree of any court of the U. States having maritime jurisdiction, according to the nature of each case: Provided, That such allowance shall not be less than one eighth, or exceeding one half of the full value of such re-capture, without any deduction; and such salvage shall be distributed to and among the owners, officers and crews of the private armed vessel or vessels entitled thereto, according to any agreement which shall be between them, or in case of no agreement then by the decree of the court who shall determine upon such salvage.
"Sec. 7. And be it further enacted, That before breaking the bulk of any vessels which shall be captured as aforesaid, or other disposal or conversion thereof, or of any articles which shall be found on board the same, such capture shall be brought into some port within the United States and shall be libelled and proceeded against before the district court of the same district: and if, after a due course of proceeding such capture shall be decreed to be forfeited in the district court or in the circuit court of the same district in the case of any appeal duly allowed, the same shall be delivered to the owners and captors concerned therein, or shall be publicly sold by the marshal of the same court as shall be finally decreed and ordered by the court. And the same court who shall have final jurisdiction of any libel or complaint of any capture as aforesaid, shall and may decree restitution in whole or in part, when the capture and restraint shall have been made without any just cause aforesaid; and if made without probable cause or otherwise unreasonably, may order and decree damages and costs to the party injured, and for which the owners, officers and crews of the private armed vessel or vessels by which such unjust capture shall have been made, and also such vessel or vessels shall be answerable and liable.
"Sec. 8. And be it further enacted, That all British subjects and others, which shall be found acting on board of any British vessel which shall be captured, or on board of any vessel of the United States, which shall be captured, as aforesaid, shall be reported to the collector of the port in which they shall first arrive, and shall be delivered to the custody of the marshal or some civil and military officer of the United States, or of any state in or near such port, who shall receive and take into custody the said subjects or persons for their safe keeping and support at the expense of the United States."
"Amend the title,
"After the word 'act,' strike out the rest of the title, and insert, authorising reprisals against the crown of the United Kingdom of Great Britain and Ireland, and the subjects thereof;" and the report was read.
Whereupon,
Mr. Gaillard was requested to take the chair, and the bill and amendments were considered as in committee of the whole; And
On motion by Mr. Pope,
To amend the report, by inserting after the word 'thereof,' in the tenth line of the first section, the words "and also upon the public and private ships and vessels, goods and merchandise, belonging to the crown of France or to the subjects thereof,"
It was determined in the negative—yeas 15, nays 17.
The yeas and nays having been required by one-fifth of the senators present, those who voted in the affirmative are,
Messrs. Bayard, Condit, Dana, German, Giles, Gilman, Goodrich, Horsey, Hunter, Lambert, Lloyd, Pope, Reed, Smith of Md. Worthington.
Those who voted in the negative are,
Messrs. Anderson, Bibb, Brent, Campbell of Ten. Crawford, Cutts, Franklin, Gaillard, Gregg, Howell, Leib, Robinson, Smith of N. York, Tait, Taylor, Turner, Varnum.
On the question to strike out, as reported by the committee, for the purpose of inserting the amendment;
The yeas were 16, and the nays 16.
On motion by Mr. Leib,
The yeas and nays having been required by one-fifth of the senators present, those who voted in the affirmative are,
Messrs. Bayard, Condit, Dana, German, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Reed, Smith of N. York, Worthington.
Those who voted in the negative are,
Messrs. Anderson, Bibb, Brent, Campbell of Ten. Crawford, Cutts, Franklin, Gaillard, Giles, Pope, Robinson, Smith of Maryland, Tait, Taylor, Turner, Varnum.
So, the senate being divided, the question was lost, and the original bill was resumed.
On motion,
To agree to the first report of the select committee, and strike out of the original bill line 9, the words, 'and of all persons inhabiting within its territories or possessions.'
It was determined in the affirmative, yeas 21, nays 11.
On motion,
The yeas and nays having been required by one-fifth of the senators present, those who voted in the affirmative are,
Messrs. Anderson, Bayard, Condit, Dana, German, Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Pope, Reed, Smith of Md. Smith of N. Y. Varnum, Worthington.
The se who voted in the negative are,
Messrs. Bibb, Brent, Campbell of Ten, Crawford, Cutts, Franklin, Gaillard, Robinson, Tait, Taylor, Turner.
On motion,
It was agreed to insert the word 'and,' in the 9th line, after the word Britain.
(To be continued.)
What sub-type of article is it?
Politics
Military
What keywords are associated?
Senate Proceedings
War Bill
Reprisals
Great Britain
Letters Of Marque
Amendments
Votes
What entities or persons were involved?
Mr. Lloyd
Mr. Anderson
Mr. Gaillard
Mr. Pope
Mr. Leib
Bayard
Condit
Dana
German
Giles
Gilman
Goodrich
Horsey
Hunter
Lambert
Reed
Smith Of Md.
Worthington
Bibb
Brent
Campbell Of Ten.
Crawford
Cutts
Franklin
Gregg
Howell
Robinson
Smith Of N. York
Tait
Taylor
Turner
Varnum
Smith Of Maryland
Smith Of N. Y.
Domestic News Details
Event Date
Friday, June 12.
Key Persons
Mr. Lloyd
Mr. Anderson
Mr. Gaillard
Mr. Pope
Mr. Leib
Bayard
Condit
Dana
German
Giles
Gilman
Goodrich
Horsey
Hunter
Lambert
Reed
Smith Of Md.
Worthington
Bibb
Brent
Campbell Of Ten.
Crawford
Cutts
Franklin
Gregg
Howell
Robinson
Smith Of N. York
Tait
Taylor
Turner
Varnum
Smith Of Maryland
Smith Of N. Y.
Outcome
amendments to include france failed (15-17 and 16-16 ties); committee report agreed (21-11); bill modified to authorize reprisals against britain only, with provisions for public and private vessels, bonds, captures, and salvage.
Event Details
Senate proceedings on amending a bill to authorize presidential reprisals on British ships, issue letters of marque for privateers, and regulate captures. Mr. Lloyd's motion for State Department information on Britain and France laid over. Committee report detailed amendments for reprisals, commissions, bonds, and procedures. Debate included failed motion to extend to France; successful strikes and insertions in the bill text.